TMI Blog1972 (10) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise in respect of that dividend income. There was no reciprocal arrangement for relief or avoidance of double taxation in those countries. The assessee was accordingly entitled to relief under section 49D upon calculations made in accordance with the scheme of that section. - - - - - Dated:- 18-10-1972 - Judge(s) : KANTAWALA., K. K. DESAI. JUDGMENT The judgment of the court was delivered by K. K. DESAI J.-In Reference No. 33 of 1964 and also in Reference No. 35 of 1964 the questions raised relate to the true construction and effect of the provisions in sections 184 and 199 of the United Kingdom Income Tax Act, 1952, in connection with the claim of the assessee concerned for relief under section 49D of the Indian Income-tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany is entitled to the benefit of the relief as provided under section 49D(1) in respect of dividend income of Rs. 56,766 for the assessment year 1957-58? " In the Income-tax Reference No. 35 of 1964, similar contentions were made on behalf of the assessee in respect of the assessment years 1954-55 and 1955-56, the relevant account years being the years ended 30th June, 1953 and 1954. The Income-tax Tribunal made findings in favour of the assessee and the questions raised run as follows: " 1. Whether the assessee-company is entitled to the benefit of the relief as provided under section 49D(1) in respect of the dividend income of Rs. 1,20,523 received from the English companies and/or of Rs. 16,894 received from the American companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... United Kingdom Income Tax Act, 1952, made findings rejecting the contentions made on behalf of the revenue. These findings are summarised in the head note in the following words:- " In the English statute there is no provision corresponding to section 18(5) of the Indian Income-tax Act, 1922, which specifically provides that amounts deducted from the dividend income of a member will constitute payment of income-tax by the member. Unlike the position in India the amounts so deducted are not made over to the revenue authority in U. K. and are retained by the company. Further, the income from dividends in the hands of the Shareholders are not liable to any income-tax when such dividends have been declared and paid out of profits which have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9D and ascertaining the rate of tax of the said country in accordance therewith. Therefore, the assessee was entitled to relief under section 49D." The attempt of Mr. Hajarnavis was to re-argue all the questions decided in the above decision before us and to persuade us to make findings contrary to, and inconsistent with the findings made therein. We have informed Mr. Hajarnavis that having regard to "uniform policy laid down in income-tax matters" we did not propose to give him a long hearing as he desired. The practice and the policy established is that in these matters "whatever our own view may be we must accept the view taken by another High Court on the interpretation of the section of a statute which is an all India statute." (See ..... X X X X Extracts X X X X X X X X Extracts X X X X
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